Michael Healy-Rae (Kerry, Independent)
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51. To ask the Minister for Social Protection the status of an overpayment to a person (details supplied) under the jobseeker's allowance scheme; and if she will make a statement on the matter. [8260/16]

Joan Burton (Dublin West, Labour)
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The Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred to an Appeals Officer on 5 April 2016, who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral hearing.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

Bernard Durkan (Kildare North, Fine Gael)
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52. To ask the Minister for Social Protection the reason for an overpayment to a person (details supplied) under the family income supplement scheme; if she will reinstate the payment as a matter of urgency; and if she will make a statement on the matter. [8261/16]

Joan Burton (Dublin West, Labour)
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The legislation governing FIS indicates entitlement is based on average net weekly assessable earnings from employment plus any other income that the applicant may have, including other social welfare payments and maintenance.

However, in order to qualify for FIS the applicant must be engaged in full-time remunerative employment as an employee for at least 38 hours per fortnight (19 hours per week). In calculating net weekly assessable earnings, the legislation only allows a disregard of Employee PRSI, Tax and the Universal Social Charge from the taxable earnings. Following a Social Welfare Inspector report in December 2015, it emerged the customer was receiving €110.00 per week maintenance since July 2015 and her FIS claim was revised.

Thus, the customer incurred an overpayment and a letter was issued to them on 1 April 2016 confirming a debt owing to the Department. Subsequently, the customer was awarded FIS from 8 October 2015 to 5 October 2016 at a weekly rate of €20 on foot of this revised decision. If the working hours of the person in question have reduced below 38 hours per fortnight, they should inform the department immediately as they will no longer be entitled to a weekly FIS payment. If the hours of the person in question are reduced but still exceed the 38 hour threshold, the change in income will be taken into account when her FIS payment is being reviewed in October 2016.